Neutral Citation No. - 2025:AHC:14161 Court No. - 6 Case :- WRIT - A No. - 15543 of 2024 Petitioner :- Smt Ram Dulari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anuj Mishra,Mohd. Parvez Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard Sri Mohd. Parvez, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Present petition has been filed with the following prayers: "a) Issue, a writ, order or direction in the nature of certiorari quashing the order dated 26.04.2024, and order dated 31.07.2024, (upto extent of recovery) passed by the Respondent No. 4 by which after re-fixation of salary, amount of Rs. 1,74,398/- Deducted/Recovered from the Gratuity Amount of the petitioner's husband. b) Issue, a writ, order or direction, in the nature of Mandamus, directing the Respondent Authorities, to Refund/Pay the amount of Rs. 1,74,398/- plus Rs. 13,00,000/-(approximately) amount of commutation of Pension total Rs. 14,73,398/- to the petitioner, along with interest, which has been deducted and withhold by the Respondents from the Gratuity Amount and the amount of commutation of pension of the petitioner's husband." 3. Pursuant to order dated 12.12.2024, learned Standing Counsel has produced instruction dated 25.01.2025, which is taken on record. 4. At the very outset, learned counsel for the petitioner submitted that he does not want to press the prayer 'a', therefore, prayer 'a' may be dismissed as not pressed. 5. Based upon instruction learned Standing Counsel submitted that relief so prayed by the petitioner have already been granted, therefore, present petition may be dismissed as infructuous. 6. Learned counsel for the petitioner submitted that husband of petitioner i.e. deceased employee was also entitled for commutation of pension, but this facility was not extended to him, therefore, petitioner is also entitled for commutation of pension admissible to deceased employee at the time of retirement. 7. Under such facts and circumstances of the case, no order is required to be passed so far as relief so prayed are concerned. 8. So far as remaining grievance is concerned, petitioner is given liberty to move fresh representation before respondent No. 4 along with certified copy of this order and requisite documents submitted by the deceased employee for commutation of pension within two weeks. In case any such representation is filed, respondent No. 4 is directed to decide the same strictly in accordance with law after verifying the documents available on record maximum within a period of two months thereafter. 9. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 4 to pass order after considering the relevant Rules as well as facts of the case. 10. With the aforesaid observation writ petition is disposed of. Order Date :- 31.1.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad